Inchoate Crimes Flashcards
Attempt
The crime of attempt consists of (1) an intent to commit a particular crime; and (2) an act in furtherance of that intent.
Sufficient Act in Furtherance, MPC Approach
An act is sufficient if it constitutes a substantial step in the course of conduct planned to culminate in the commission of the crime that objectively strongly corroborates the actor’s criminal purpose.
Examples of Substantial Steps Under MPC Approach
Lying in wait, searching for or following the contemplated victim, enticing or seeking to entire the contemplated victim of the crime to go to the place contemplated for its commission, reconnoitering the place contemplated for the commission of the crime, unlawful entry of a structure, vehicle, or enclosure where it is contemplated that the crime will be committed, possession of materials to be employed in the commission of the crime.
Sufficient Act in Furtherance, Proximity Approach
An act is sufficient if it is sufficiently proximate to the intended completed crime; Factors considered: the seriousness of the potential crime, the victim’s level of fear or apprehension, the likelihood of the crime actually occurring.
Legal Impossibility
Conduct where the goal of the actor is not criminal, even though they believe it to be. Serves as a defense to attempt.
Factual Impossibility
Conduct where the objective is proscribed by the criminal law, but a circumstance unknown to the actor prevents them from bringing it about. Is not a defense to attempt.
Inherent Impossibility
The means chosen are totally ineffective to bring about the desired result (like voodoo).
Abandonment Before Sufficient Act
A defendant who abandons his efforts before completing a sufficient act is not guilty of attempt as an essential element of attempt (an act in furtherance) is lacking.
Abandonment After Sufficient Act
It is a defense to attempt liability if the defendant abandoned his effort to commit the crime or otherwise prevented its commission, under circumstances manifesting a complete and voluntary renunciation of his criminal purpose.
Conspiracy
Conspiracy requires (1) an agreement, (2) the defendant’s intent to commit a particular crime; and, in most jurisdictions, (3) an overt act in furtherance of that agreement.
Agreement for Conspiracy
An agreement between among at least two persons who have at least a tacit understanding of the object of the conspiracy.
The Bilateral Approach, Agreement for Conspiracy
Conspiracy requires an agreement between at least two people who actually have a genuine criminal intent to accomplish an illegal objective.
The Unilateral Approach, Agreement for Conspiracy
MPC Approach. The person can be guilty of conspiracy even if others in the conspiracy feign agreement.
Illegal Object
Each conspirator can be liable without agreeing to every illegal act but must understand the scheme’s essential nature; A condition imposed by the conspirators upon the carrying out of a conspiracy does not negate the conspiracy. U.S. v. Palmer
Intent for Conspiracy
Conspiracy requires that the parties have the purpose to achieve a common unlawful objective; Conspiracy requires proof of two distinct intents: (1) the defendant intended to participate in the conspiracy, (2) the defendant intended that the conspiracy’s unlawful object be achieved
Suppliers of Goods or Services Used to Commit the Crime
Supplier’s purpose to achieve a common unlawful objective with a criminal purchaser exists if the supplier (1) knew of the criminal use to which the goods or services are to be used; and (2) intended to further that criminal use, considering direct or circumstantial evidence
Circumstantial evidence of supplier’s intent
Supplier sold supplies at an inflated price, that no legitimate use for the supplies exists, or a significant percentage of the supplier’s business is with the purchaser
Duration of Conspiracy
Conspiracy ends when the conspirators have accomplished the conspiracy’s goal or abandoned the conspiracy; A person may become a coconspirator at any time between the formation and termination of the conspiracy
Withdrawal from Conspiracy
If a defendant withdraws from the conspiracy, they are only liable for events occurred while participating.
Establishing withdrawal
Defendant must prove that they (1) stopped participating in the conspiracy, (2) performed some affirmative act that was inconsistent with the conspiracy’s goals, (3) communicated their withdrawal to the other conspirators
Scope of Conspiracy
In conspiracies with numerous participants, a person is a coconspirator only with those other participants that have a common interest
Chain Conspiracy
In a chain conspiracy, the conspirators are involved in successive organizational cooperation.
Hub and Spoke Conspiracy
A single person (the “hub”) operates individually with persons or groups operating independently (the “spokes”)
The Pinkerton Doctrine
A conspirator may be held liable for criminal offenses committed by a coconspirator that are within the scope of the conspiracy, are in furtherance of it, and are reasonably foreseeable as a necessary or natural consequence of the conspiracy. When the conspirator has played a necessary part in setting in motion a discrete course of criminal conduct, he should be held responsible, within appropriate limits, for the crimes committed as a natural and probable result of that course of conduct.
A defendant is vicariously liable for his coconspirators’ crimes if
(1) the defendant was a party to the conspiracy, (2) the crime was within the scope of the conspiracy’s unlawful aims, (3) the crime was in furtherance of the conspiracy, (4) the defendant could reasonably have foreseen that the crime was a necessary or natural consequence of the conspiracy
Wharton’s Rule
A rule that bars a conviction for conspiracy to commit a crime that by definition can be committed only by two people acting together, such as bigamy, prostitution, or dueling.
Conspiracy Overt Act Requirement
In jurisdictions requiring an “overt act,” conspiracy requires at least one coconpsirator to take an overt act in furtherance of the object of the conspiracy
Conspiracy Overt Act Definition
An overt act is any action taken in furtherance of the conspiracy. The action may be merely preparatory and need not itself be criminal
